Rent case ...
tdeli
(Querist) 08 September 2012
This query is : Resolved
A tenant made a payment on behalf of his landlord regarding Electricity and Water charges in the name of the landlord.There was no written agreement and the tenant deposited the same and stopped paying rent.
The tenant issued a legal notice to the landlord regarding issue him the receipt for Advance Rent for the expenses incurred by him as asked to him by the landlord.
The landlord issued a notice of demand to the tenant for arrears to which tenant never replied and never deposited any rent as he had already issued a legal notice to the landlord for advance rent.The landlord filed a case against the tenant for non payment of rent.
The landlord had stated in his cross examination (which was denied earlier in his petition) that he had received such a legal notice from the tenant and did not reply to the same .
Will the Courts now agree to the advance payment made by the tenant to the landlord to which he had duly issued a legal notice for receipt of rent much before the the issue of notice of demand or not .
Thanks...
ajay sethi
(Expert) 08 September 2012
mere issue of legal notice is not sufficent . you have to prove payment has been made towards electricty and water bills
tdeli
(Querist) 09 September 2012
Yes it is been proved and also admitted by the Landlord that such payments were made during the cross examination.
But the main point is that he says the payment was not made on his instance, so there was no "Oral Agreement".
prabhakar singh
(Expert) 09 September 2012
Admitting receipt of a notice which was not replied does not suggest that contents of notice would be deemed to have been proved by adverse inference of non reply. Tenant would be required to prove the facts of notice independently.
tdeli
(Querist) 09 September 2012
What do you mean by the "facts of the notice" prabhakar ji .
It is impossible to prove the Oral Agreement anyway.
Raj Kumar Makkad
(Expert) 10 September 2012
Generally electricity and water charges are to be paid by tenant apart from the amount of rent. If tenant in the given case has paid the charges then it cannot be termed as advance payment of rent.
If landlord has denied payment of such dues on the part of tenant and later on admitted in his cross-examination then you have good chance to file application under section 340 of Criminal procedure code and let your account settled under the garb of this almost proved case.
tdeli
(Querist) 10 September 2012
The tenant did not had Electricity connection in his name and he was provided electricity from another connection by the landlord and he duly paid for electricity charges always to the landlord.This was for the first time that the Tenant had made payment for electricity charges on the instance of the landlord.
Thanks ...
